In the District Court of the United States, for the Eastern District of Pennsylvania, the United States of America, petitioner, vs. Motion Picture Patents Company, et al., defendants (1914)

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2514 Petitioner's Exhibit No. 263. could have been thus produced in the fact that the pictures, not having been taken from a single lens, would not all be taken from the same point of view. This conclusion, however, overlooks the fact that practically the images were produced from the same point of view, in the Du Cos apparatus, — the single aperture through which the lenses operate, and that it is quite immaterial whether the same point of view is obtained by the use of a single lens, or by the use of a number of lenses, for the purpose of meeting this characteristic of the claim. "'We conclude that the court below erred in sustaining the validity of the claims in controversy, and that the decree should be reversed, with costs, and with instructions to the court below to dismiss the bill/ Merits of Latham Patents. "On the other hand, the Biograph company own the Latham patent, which has been very little known except by those who have made a special study of motion picture inventions. Disregarding the other claims of this patent, I consider the first paragraph of the utmost importance, so far as the legal aspect of the question is concerned. The merits of the patent have not yet been passed on by the courts. "The main point involved covers the use of the loop between the upper sprocket of a projecting machine, or camera, and the film gate. I know of no camera or projecting machine using a film longer than 75 feet which can possibly evade the use of the loop. The claim is simple, but radical. If it is declared valid by the courts, no camera nor projecting machine crank will turn in the United States unless authorized by the Biograph Company, engaging flms longer than 75 feet. "Suits were brought against the Edison Manufacturing company by the Biograph company several days ago, for infringement of this patent. Contract With Biograph Company. "In order to guarantee protection to buyers and users of the films marketed by the Kleine Optical company, we have made1 a contract with the Biograph company covering all of these films, and in accordance with its terms any suit